Sunday, January 29, 2017

Where to begin? First, Trump's January 27, 2017 Executive Order cites
to the wrong law: "The Secretary of State shall immediately suspend the
Visa Interview Waiver Program and ensure compliance with section 222 of
the INA, 8 U.S.C. 1222, which requires that all individuals seeking a
nonimmigrant visa undergo an in-person interview . . . " Section 222 of
the INA is 8 U.S.C. 1202, not 1222. 8 U.S.C. 1222 does not require
in-person interviews; that would be 8 U.S.C. 1202, not
1222.

Second, the Executive Order cites to the 19 terrorists who
attacked us on 9/11 as the basis for banning any and all immigrants from
Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen. However, of those
19 terrorists, 15 were from Saudi Arabia, 2 were from the United Arab
Emirates, 1 was from Egypt, and 1 was from Lebanon. In other words,
NONE of the 9/11 terrorists were from the 7 countries now banned by
Trump's Executive Order.

Third (and this is the real kicker), Trump’s
Executive Order did not ban any of the Muslim countries where the Trump
Organization — which is now being run by his sons — has business
interests. Those countries where Trump has business interests include
Saudi Arabia, Egypt, and the United Arab Emirates — all countries where
the 9/11 terrorists actually came from. Fourth, Trump's Press
Secretary's attempt to somehow blame the Obama Administration for this
ban is weak sauce (although we shouldn't be surprised since this is the
same guy who said Trump's inauguration crowd was the biggest ever.
"Period."). The fact that the Obama Admin flagged some of these
countries as concerns for its visa program in no way explains or
justifies the Trump Admin's decision to institute a wholesale ban of all
people from these countries.

Fifth, this kind of overreach is a good
thing. Hear me out. Since this Executive Order was signed, we've seen
people motivated here and around the world to stand up and take action.
Lawyers have lined up at JFK, Chicago O'Hare and Boston Logan airports
to provide free pro bono legal services to those being detained.
Federal Judge Ann Donnelly in the Eastern District of New York has
already heard an emergency motion filed by the attorneys of individuals
being detained at JFK; she granted a temporary restraining order
stopping the Executive Order's ban which will undoubtedly work its way
up through the courts. Sometimes you need these kinds of threats to our
liberties in order to remind all of us that policies based on a
nationalist xenophobia of minorities is not just a difference of
ideology - it's just flat out wrong. We're better than this, and we're
seeing evidence of this fact starting to take shape.

Where to begin? First, Trump's January 27, 2017 Executive Order cites
to the wrong law: "The Secretary of State shall immediately suspend the
Visa Interview Waiver Program and ensure compliance with section 222 of
the INA, 8 U.S.C. 1222, which requires that all individuals seeking a
nonimmigrant visa undergo an in-person interview . . . " Section 222 of
the INA is 8 U.S.C. 1202, not 1222. 8 U.S.C. 1222 does not require
in-person interviews; that would be 8 U.S.C. 1202, not
1222.

Second, the Executive Order cites to the 19 terrorists who
attacked us on 9/11 as the basis for banning any and all immigrants from
Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen. However, of those
19 terrorists, 15 were from Saudi Arabia, 2 were from the United Arab
Emirates, 1 was from Egypt, and 1 was from Lebanon. In other words,
NONE of the 9/11 terrorists were from the 7 countries now banned by
Trump's Executive Order.

Third (and this is the real kicker), Trump’s
Executive Order did not ban any of the Muslim countries where the Trump
Organization — which is now being run by his sons — has business
interests. Those countries where Trump has business interests include
Saudi Arabia, Egypt, and the United Arab Emirates — all countries where
the 9/11 terrorists actually came from. Fourth, Trump's Press
Secretary's attempt to somehow blame the Obama Administration for this
ban is weak sauce (although we shouldn't be surprised since this is the
same guy who said Trump's inauguration crowd was the biggest ever.
"Period."). The fact that the Obama Admin flagged some of these
countries as concerns for its visa program in no way explains or
justifies the Trump Admin's decision to institute a wholesale ban of all
people from these countries.

Fifth, this kind of overreach is a good
thing. Hear me out. Since this Executive Order was signed, we've seen
people motivated here and around the world to stand up and take action.
Lawyers have lined up at JFK, Chicago O'Hare and Boston Logan airports
to provide free pro bono legal services to those being detained.
Federal Judge Ann Donnelly in the Eastern District of New York has
already heard an emergency motion filed by the attorneys of individuals
being detained at JFK; she granted a temporary restraining order
stopping the Executive Order's ban which will undoubtedly work its way
up through the courts. Sometimes you need these kinds of threats to our
liberties in order to remind all of us that policies based on a
nationalist xenophobia of minorities is not just a difference of
ideology - it's just flat out wrong. We're better than this, and we're
seeing evidence of this fact starting to take shape.

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